SERVICE TERMS & CONDITIONS
These terms and conditions govern the agreement formed by the Purchaser’s acceptance of an estimate provided by Yes Welding, Inc. (DBA “Yes Welding”). These terms are incorporated by reference into the estimate and have control over any inconsistent terms in an estimate or other acceptance. By accepting an estimate, placing an order with us, or agreeing and allowing us to perform any work, means that the Purchaser is accepting these Service Terms and Conditions and a legally binding Agreement incorporating these Service Terms and Conditions will be formed between Purchaser and Yes Welding, Inc.
Please read these terms and conditions carefully. By accessing our site and using our services the Purchaser acknowledges that they understand, agree, and are bound by these terms.
Modification of Terms
Yes Welding, Inc. reserves the right to update or modify these Service Terms and Conditions at any time without prior notice. Purchaser’s use of the Yes Welding, Inc. website following any such change constitutes an agreement to follow and be bound by the Service Terms and Conditions as changed. For this reason, we encourage you to review these Service Terms and Conditions whenever you use this website.
1. Definitions in these terms and conditions unless the contract otherwise requires –
“The Company” means Yes Welding, Inc. DBA Yes Welding. Which includes any agents, partners, employees, or affiliates.
“The Purchaser” or “The Customer” means the person, firm, company or organization to whom the estimate is submitted or to whom the service is provided to.
“The Contract” means the supplying of material and/or labor and fabrication/repair or other works as specified in writing including email.
“Written/Writing” means put down on paper or in email.
An estimate by Yes Welding, Inc. shall be deemed to be an offer to sell or provide service only upon the Service Terms and Conditions contained herein. An order or offer made to a Purchaser is accepted only when the Purchaser issues to the Company its written acceptance thereof. Purchaser may request to make changes to an estimate before accepting it. These Service Terms and Conditions shall apply to all orders placed with the Company. Any stipulation which conflicts with any of these Service Terms and Conditions or in any way qualifies or negates the same shall be deemed to be inapplicable to any order placed with the Company unless agreed to in writing by the Company prior to any work commencement.
3. Estimate Validity Period
Estimate(s) remain current until the date of expiration written on the estimate unless previously withdrawn in writing by the Company. Yes Welding, Inc. will not honor expired estimates. Expired estimates are subject to any labor, material, or delivery increase costs.
4. Rise and Fall
A provided estimate is based on the current market cost of materials, rates of pay, hours of work, conditions of employment, transport and statutory obligations current at the date provided. Any variation in such costs either before or after acceptance of an order pursuant to an estimate shall be reflected in the Purchaser’s account due for payment.
Any labor required over the quoted amount and all materials, travel, or services will be billed at their hourly rate. Yes Welding, Inc. reserves the right to renegotiate the contract should the project go over the allotted time we've outlined. An estimate contains estimated start and completion timeframes, and if "project creep" occurs Yes Welding, Inc. has the right to fairly renegotiate the contract and its terms.
Upon acceptance of the Purchaser, Yes Welding, Inc. will perform the labor or other services described in the estimate. Any additional services requested by the Purchaser and not covered by the estimate will incur additional charges.
The services will be completed, and delivery will be made in accordance with the schedule in the estimate, or as otherwise approved by the parties in writing or as personally discussed and agreed upon. Any specifications as to the delivery time are given to the best of the Company’s knowledge and ability. The delivery time is deemed to have been met if the goods have been dispatched or if the goods have been declared ready for dispatch. Combined or partial deliveries are permissible.
Any events beyond the Company’s control or that of the Purchaser, which may delay or complicate timely delivery, entitle the Company to a reasonable extension of the delivery time. Whereby any liability claims in connection with such an extension are excluded. Should such events constitute a permanent obstacle to the performance of a contract, which cannot be removed at reasonable costs, or any claim relating to the performance of the corresponding consideration shall be excluded.
Upon acceptance of a provided estimate, the Company will use its best endeavors for effective delivery of the metal goods and supplies and/or commence work promptly. The Company shall not be liable for any direct or consequential loss arising from or as a result of any late delivery or failure to commence work promptly. Purchaser understands Company cannot control and is not responsible for its Suppliers if materials undergo late delivery, incorrect fulfillment, material stock or availability issues. The Purchaser also understands that the Company cannot control adverse weather conditions. Delays may occur if the weather does not permit Company to carry on or commence work.
– Performance Delivery times quoted are estimates only.
Delivery and/or performance of the Contract shall in all cases be subject to the ability of the Company to obtain raw materials from its normal source of supply. The Company reserves the right to cancel or postpone delivery of fixing due to acts of God, adverse weather conditions, war, civil commotion, fire, breakdown of machinery, strikes, lockouts, unavailability of transport or any other unexpected or exceptional cause of whatsoever nature beyond the reasonable control of the Company and no responsibility or liability will be accepted by the Company for any loss, damage or delay or for any consequential damage or loss as a result of the cancellation or postponement from any of the above causes.
10. Standard, Specification, Codes
All materials supplied and fixed by the Company shall be in accordance with the current (AWS), (ASME), (API) Code and Standards, to the specifications of engineer, contractor, or inspector, California building codes, and all applicable standard, specs, or codes required in accordance to appropriate State or Federal legislation, regulation or rules. No responsibility is accepted or guaranteed by the Company where supply or fixing is specified contrary to such Code legislation, regulation or rules.
11. Purchasers Obligations
The Purchaser agrees to –
Provide free of charge source of power when and if the Company’s personal mobile welding trucks are not able to provide a source of power. Company will provide its own equipment deemed necessary for the completion of service. However, any equipment provided by Purchaser, such as but not limited to hoists, cranes, scaffolding and staging or other equipment as is reasonably required by the Company to carry out the contract shall also be free of charge. The Purchaser shall and is liable to ensure that all such equipment is in good working condition and complies with any Act of Parliament or subordinate legislation, regulation, rules and such safety standards and practices applicable to such equipment.
Ensure that the site and system of work are safe and complies with all Acts of Parliament or any subordinate legislation, regulation or rules applicable thereto.
Carry out all preparatory work at the site as is necessary prior to the commencement of work or delivery of metal or Company services. Purchaser is to also ensure that there are no risk or safety hazards pertaining to but not limited to the roof structure, plumbing, or electrical sources which may harm the Company and any of its agents, partners, employees, or affiliates. All related risk and hazard sources are to be in conformity with all Acts of Parliament or subordinate legislation, regulations or rules (Including Lending Authority and Safety Regulations applicable).
Provide a crossing in accordance with any applicable local regulations or requirements. Including but not limited to city or welding inspections and permits needed to complete and validate work scope/services provided. It is the sole Purchasers responsibility to obtain all needed city and/or welding inspections prior to Company commencing work or during the time of work in which welding inspection is needed.
Ensure that the Company and its vehicles have proper access to the site. This ensures that the Company will not need to outsource power from Purchaser.
Pay/Reimburse to the Company for any additional charges incurred and/or paid by the Company for any excess of material, labor, services, insurance fees, or applicable costs to carry out and complete work outside of the costs provided in original estimate or invoice in regards to material, labor, services, insurance fees, or other job related costs risen from a Change Order.
Ensure that all Change Orders have been agreed upon and reflected in writing.
Warrant the correctness of the details or plans set out in the bill of quantities and/or measurements indicated on any drawings, details, or plans supplied.
Purchaser is to not take advantage of Company in any way, shape, or form.
Purchaser is responsible for providing the Company with all the relevant information that is necessary to perform Company Services. Such information shall include, but not be limited to, full design and second or third-party consultant information, architect’s documents, the priorities of the Project, the Project timetable, budgets and costing information, health and safety information and any information about or affecting the work site or scope of work which we will rely upon in performing Company Services.
Ensuring that any reasonable instructions issued to the Company are compatible with the specification of the Services provided in our Proposal.
Provide the Company with a reasonable and timely notification of any decision, approval, consent or any other communication that may be required in order to continue with the provision of the Services at any time.
Ensure that we can access the Site on the agreed dates and at the agreed times, if necessary, to provide the Services.
If Purchaser fails to comply with any of the responsibilities outlined above, Yes Welding, Inc. will not be held liable for any delays as a result and reserves the right to recover any costs incurred, such as for storage of materials or non-productive visits to the site. Purchaser agrees to Indemnify the Company harmless against all liability loss or damage of whatsoever nature arising from or as a result of a breach of any of the clauses (1) through (14).
All invoiced amounts are to be paid by its stated net day, if marked upon receipt, due upon job completion, or as agreed upon from estimate or otherwise in writing regarding job completion and are not subject to settlement discount or cash retention.
Yes Welding, Inc. reserves the right to change payment terms. If we accept credit/debit or check payment, payment shall not be deemed to have been made until encashment or until payment has been processed in full.
Where the contract is to be carried out in two or more stages or where completion of work is under the control of the Company, the Purchaser shall pay the Company progress payments within stated, visual, or written presentation of a progress claim (Invoice).
Payment in accordance with the foregoing stipulation shall be of the essence of the Contract and failure on the part of the Purchaser to make payment by the due date shall entitle the Company to treat such failure as a repudiation of the Contract and itself repudiate further performance thereof and to recover damages for breach of contract against the Purchaser. Late payments will also be subject to interest charges and/or penalty fees.
13. Advance Payment(s)/Progress Payment(s)
Yes Welding, in its discretion, may pre-invoice Purchaser the estimated charges for any project if the estimated charges are $20,000.00 or greater in regard to a progress or advance payment.
Yes Welding, Inc. warrants that all services comprising part of or incorporated into the services will be performed in a good workmanlike and professional manner in accordance with generally accepted practices in the welding and construction industry and within the ethics and moral of the company.
Warrantied terms and conditions outside of Yes Welding Inc.’s warrantied terms and conditions can only be binding on the company when they have been expressively agreed to in writing between the contracting parties. Unless otherwise stipulated in an individual contract or in a written guarantee, the warranty period is final for each service or item.
Yes Welding, Inc. cannot warranty craftsmanship or any work which has been completed by another contractor or subcontractor. If any work done by Yes Welding, Inc. is retouched, resurfaced, altered, or manipulated in anyway by someone outside of our immediate line of Company employees the warranty will become null and no longer be valid and covered by Yes Welding, Inc.
Yes Welding, Inc.’s warranty coverage applies only to normal use and reasonable wear conditions or damages as a result of any incorrect forging, cutting, rolling, welding, or any other related defect from workmanship on behalf of Yes Welding, Inc. Damage suffered as a result of unintended use of the product or “Acts of God” (i.e. house fire or natural disaster, etc.) are not covered as a part of Yes Welding, Inc.’s warranty. Do not hang or support other items or products on or off any of our fabrications or products which can cause damage or fall outside safe and unintended use. Do not alter any fabrication or product created and provided by Yes Welding, Inc. Doing so will result in a null and voided warranty.
In the event of a fabrication or product warranty claim, Yes Welding, Inc. may require the part returned to our facilities or photos or videos of the issue. All solutions and replacements are at the discretion of Yes Welding, Inc. to offer.
To file a warranty claim please email: email@example.com
PLEASE REFER TO OUR WARRANTY PAGE for more information.
15. Limitation of Liability
IN NO EVENT WILL YES WELDING, INC. BE LIABLE TO PURCHASER FOR SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUES OR GOODWILL, ARISING OUT OF OR RELATING TO THE ESTIMATE OR THE WORK, WHETHER THE CLAIM IS BASED UPON CONTRACT, BREACH OF WARRANTY, TORT OR OTHER THEORY, EVEN IF YES WELDING, INC. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YES WELDING, INC.’S LIABILITY ARISING OUT OF OR RELATING TO THE ESTIMATE OR THE WORK WILL NOT EXCEED THE SUMS PAID BY PURCHASER TO YES WELDING, INC. UNDER AN APPLICABLE PROVIDED ESTIMATE OR INVOICE.
16. Risk and Title
The risk of accidental destruction or damage to the goods shall pass to the Purchaser at the time the goods are handed over, delivered, or installed. Yes Welding, Inc. will not be liable for damages caused by action of the Purchaser, another contractor, subcontractor, second or third party.
The customer is obliged to handle and store the goods with care and ensure them adequately. Where maintenance and inspection work are required to be carried forth by another contractor, subcontractor, second or third party, such work shall be carried out carefully to not damage or harm any work done by Yes Welding, Inc. Any costs for damages as a result of carelessness by someone outside of Yes Welding, Inc. is responsibility under who caused damages.
Yes Welding, Inc. cannot be held liable for any damage or incurred cost as a result of someone else installing one of the Company’s fabrications or products.
The Purchaser is required to inspect the delivered goods for any variations in quality and quantity and to inform Yes Welding, Inc. in writing of any defects within one week after receipt of the goods, otherwise any right to warranty claims shall be excluded.
Notification of any hidden defects must be made in writing within one week after their detection. In order to adhere to the defect notification period, notifications must be sent to our registered office located at 183 Ryland Street Unit C San Jose, Ca, 95110 or via email: firstname.lastname@example.org.
The full burden of proof pertaining to all claims, to the defect itself, to the time of detection of the damage and to the timeliness of the notification of defects lies with the Purchaser.
Title and ownership to the goods shall remain with the Company until all the payments due under the contract and any other contract between the Company and the Purchaser are paid in full. Or until payment(s) are made as agreed upon are met under any progress payments. If the Company’s written demand for payment remains unsatisfied for a period of seven (7) days from the date of demand the Company shall be entitled to reclaim or recover any goods which are the property of the Company. Should a payment remain unsatisfied for a prolonged period of unnecessary time, the Company reserves the right to act in order to induce payment which can result in a lien claim in order to seek unpaid compensation.
Yes Welding, Inc. will keep in full force and effect and maintain at its sole cost and expense during the performance of the services, workers’ compensation, commercial auto, and general liability insurance coverage of the types and limits as are customary for similar service providers. In the event Purchaser requires additional policy or insurance requirements outside of Yes Welding, Inc.’s customary policies and requirements, the Purchaser is liable for paying any expenses incurred to add those additional policies and requirements.
18. Independent Contractor
Yes Welding, Inc. is an independent contractor of the Purchaser, and nothing in the estimate or these terms will be construed as creating a partnership, joint venture or relationship other than that of an independent contractor.
19. Termination of Estimate or Work
Failure from Purchaser to pay or perform their obligations which continues for a period of five (5) business days from the date which Yes Welding, Inc. furnishes written notice may terminate the estimate or cease performance of services. The Company reserves the right to withdrawal from the contract and to repossession any goods caused by a breach of contract or default of payment on behalf of the Purchaser. The Company also reserves the right to act in order to induce payment may it be through a lien claim in order to seek unpaid compensation.
The designs, original artwork, electronic proofs, print-ready PDFs, and all other files created by Yes Welding, Inc. are protected by Federal Copyright Law and may not be reproduced, manipulated, re-worked for other purposes, edited, submitted to any contests, or shared in any manner without our explicit written permission. Yes Welding, Inc. retains the right to make reproductions for our portfolio, samples, self-promotion, professional competition and review, and website even if the artwork released has been purchased.
Purchaser agrees never to share any of Yes Welding’s concepts, art, or work with outside designers, businesses, or agencies. This includes, but is not limited to design concepts, sketches, electronic proofs, and photography.
Purchaser will be responsible for payment of all applicable federal, state and local taxes and assessments (including sales, use and similar taxes) levied on the transaction contemplated by the estimate and/invoice. No tax exemption will be recognized unless a valid exemption certificate is provided.
All contracts with the Company shall be construed and interpreted in accordance with the laws of the State or Territory in California in which delivery of the goods and services takes effect.
24. Force Majeure
Yes Welding, Inc. will not be responsible for any non-performance, delays or associated costs due to acts of God or government, civil commotion, military authority, war, riots, terrorism, strikes, fire, severe weather conditions, or other causes beyond its reasonable control.
25. Legal Fees
If either party brings an action or proceeding arising out of the estimate or these terms, or on account of any breach or default thereof, the prevailing party will be entitled to receive from the other party its reasonable attorneys’ fees, expert witness fees, investigation fees and other related fees, costs and expenses incurred in connection with the proceeding.
Purchaser agrees to indemnify, defend and hold harmless Yes Welding, Inc. our independent contractors, affiliates, agents, officers, employees, partners, and suppliers from any liability, loss, claim, demand, and expense (including attorneys' fees) related to any work that the purchaser supplied or approved. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the purchaser, in which Purchaser will fully cooperate with Yes Welding, Inc.
Purchaser agrees that any dispute or controversy arising out of or relating to any interpretation, construction, performance, or breach of this agreement will be settled by arbitration to be held in Santa Clara County, California in accordance with the rules then in effect of the American Arbitration Association. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive, and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court of competent jurisdiction. The person signing as Purchaser and Yes Welding, Inc. will each pay one-half of the costs and expenses of such arbitration, and each will separately pay its respective counsel fees and expenses.
If one or more of the provisions of this Agreement is found to be unlawful, invalid or otherwise unenforceable, Purchaser is required to provide adequate proof or reasoning and that those provisions shall be deemed severed from the remainder of this Agreement. Otherwise the remainder of this Agreement shall be valid and enforceable.
29. Entire Agreement
By signing an estimate or approving a job from Yes Welding, Inc., Purchaser acknowledges they have carefully read, understand and fully agree to the Service Terms and Conditions. Any details not included in writing in this agreement are not binding upon either party. Should the details of this agreement be contested and result in arbitration or litigation, the prevailing party is entitled to recovery of all reasonable legal expenses. The person signing as Purchaser will be fully responsible for ensuring that full payment is made pursuant to the terms of this agreement. The laws of the state of California will govern this agreement and the courts of Santa Clara County will have jurisdiction.
Yes Welding, Inc.
183 Ryland St. Unit C
San Jose CA, 95110
Tel: (408) 887-3488